Welcome to: Your Health App and its affiliates provide access to the www.instantaccesshealth.com website (hereinafter referred to as Platform) to you subject to the conditions set out on this page. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. The domain name www.instantaccesshealth.com is owned by INSTANT ACCESS HEALTH IT PRIVATE LIMITED a company incorporated under the Companies Act, 2013 with its registered office at 50 Navdurga Colony, Opposite Hotel Clarks Amer, Malviya Nagar, Jaipur-302017 (hereinafter referred to as Company).
USE OF THE PLATFORM/ SERVICES
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the website located at www.instantaccesshealth.com and all associated sites linked to instantaccesshealth.com, or the mobile application or any similar platform (hereinafter collectively, the Platform run by Instant Access Health IT Private Limited, having its registered office at 50 Navdurga Colony, Opposite Hotel Clarks Amer, Malviya Nagar,Jaipur-302017 and/or any of its affiliates (hereinafter collectively known as Instant access health platform) on any device and/or before availing any services offered by Instant access health on the Instant access health Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by Instant access health IT on the Instant access health Platform (hereinafter individually, and collectively, the Instant access health Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Instant access health Services, whether offered by Instant Access Health IT Private Limited or its affiliates. Your use of the Platform and services and tools are governed by the following terms and conditions:
The Agreement applies to you whether you are -
i. A health care provider or medical practitioner or a finance provider or an insurance provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions, Diagnosis lab, Bank ,Financial institution or Insurance company or
ii. A patient, his/her representatives or affiliates, searching for medical facilities through the Website (“End-User”, “you” or “User”); or
iii. Otherwise a user of the website (“you” or “User”).
OTHER TERMS AND CONDITIONS
Instant access health does not charge any fee for browsing and buying on the website. Instant access health reserves the right to change its Fee Policy from time to time. In particular, may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event Instant access health reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee policy shall be posted on the website and such changes shall automatically become effective immediately after they are posted on the website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments.
CANCELLATION & REFUND POLICY
The user can be levied with charges like Internet handling fees or convenience fee or payment facilitating charges or anything similar charges by wallet provider for each transaction.
Powered wallet will be responsible for refund of any amount & same shall be made as per the refund policies of our powered wallet i.e. Paytm & Razorpay. User can go through the refund & cancellation of Paytm & Razorpay before initiating any payment.
If you use the platform, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should take all necessary steps to ensure that the account details is kept confidential and secure and should inform us immediately if you have any reason to believe that your account detail has become known to anyone else, or if the account detail is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. We reserve the right to refuse access to the platform, terminate accounts, remove or edit content at any time without notice to you may by its Services, collect information relating to the devices through which you access the website, and anonymous data of your usage. The collected information will be used only for improving the quality of services and to build new services. The website allows to have access to registered users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the services.
Instant access health may send alerts to the mobile phone number provided by you while registering with the Instant access health platform or on any updated mobile number subsequently provided by you on the Instant access health platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
Instant access health will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent from Instant access health as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Instant access health Platform or availing any Instant access health Services. Instant access health shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Instant access health liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
The SMS/e-mail alert/push notification service provided by Instant access health is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, Instant access health shall be immediately informed about the same by you and Instant access health will make best possible efforts to rectify the error as early as possible. You shall not hold Instant access health liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Instant access health shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
You will indemnify and hold harmless Instant access health and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Instant access health or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by you or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Instant access health and/or the SMS/e-mail service provider.
You will receive information via SMS, e mail and phone call regarding what Instant access health perceive to be of your interest based on your usage history and browsing history (which information may be shared by Instant Access Health with its affiliates). This includes providing information relating to offers, discounts and general information by Instant access health. In case you do not want such information, you have to explicitly ask to be excluded.
The personal information / data provided to us by you during the course of usage of the platform will be treated as strictly confidential and in accordance with the privacy notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the platform.
The website may be linked to the website of third parties, affiliates and business partners has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our website. Inclusion of any link on the website does not imply that endorses the linked site. User may use the links and these services at user’s own risk. Instant access health assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect user’s equipment on account of user’s access to, use of, or browsing the website or the downloading of any material, data, text, images, video content, or audio content from the website. If a user is dissatisfied with the website, user’s sole remedy is to discontinue using the website.
E-PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the platform is an online platform that enables you to purchase products listed on the platform at the price indicated therein at any time from within India. You further agree and acknowledge that the company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the platform. The platform is a platform that Users utilize to meet and interact with one another for their transactions. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on the platform.
LICENSE FOR PLATFORM ACCESS
The Company grants you a limited license to access and make personal use of this platform, but not to download (other than page caching or the mobile application version of the platform) or modify it, or any portion of it, except with express written consent of the Company and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This Platform or any portion of this platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the Company and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the platform and its affiliates without express written consent. You may not use any Meta tags or any other hidden text utilizing the Company’s or its affiliates’ names or trademarks without the express written consent of the Company and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by the Company and / or its affiliates, as applicable. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
The Company does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
The Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. The Company cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the platform and use your best judgment in that behalf. The Company does not at any point of time during any transaction between Buyer and Seller on the platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Platform is only a platform that can be utilized by users to reach a larger base to buy and sell products or services. The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with. Pricing on any product(s) as is reflected on the website may due to some technical issue, typographical error or product information published by seller/service provider may be incorrectly reflected and in such an event seller/service provider may cancel such your order(s) and service(s).
Instant access health is providing a platform for purchase and sell of services and is not aggregating any particular service or service provider or any institution. No comparison of the services offered by service provider is made on platform. We do not favor or recommend any particular product or service, information just for the knowledge and guidance of the customer about different product and services is provided on the website.
You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other users which is made available on the platform. You may find other user’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the platform. Please note that there could be risks in dealing with underage persons or people acting under false pretense.
You must not use the platform in any way that causes, or is likely to cause, the platform or access to it to be interrupted, damaged or impaired in any way you understand that you, and not the Company, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the platform for any of the following:
To impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Instant access health Services, perform any other similar fraudulent activity or otherwise avail Instant access health services with what we reasonably believe to be potentially fraudulent funds;
To infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
To send, use or reuse any material that does not belong to you and to which you does not have any right to, or for fraudulent purposes, or use or reuse in connection with a criminal offense or other unlawful activity;
To send, use or reuse any material that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam,
To send, use or reuse any material that is misleading in any way;
To send, use or reuse any material that is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
To send, use or reuse any material that harasses or advocates harassment of another person;
To send, use or reuse any material that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
To send, use or reuse any material that infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a persons’ name, email address, physical address or phone number) or rights of publicity];
To send, use or reuse any material that promotes an illegal or unauthorized copy of another person’s copyrighted work (see Copyright complaint below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
To send, use or reuse any material that contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
To send, use or reuse any material that provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
To send, use or reuse any material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
To send, use or reuse any material that contains video, photographs, or images of another person (with a minor or an adult);
Try to gain unauthorized access or exceeds the scope of authorized access to the platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Solicit gambling or engage in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
Interfere with another User’s use and enjoyment of the platform or any other individual’s user and enjoyment of similar services;
Infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
Violate any law for the time being in force;
Deceive or mislead the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person;
Contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, Cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
Copying or duplicating in any manner any of the Content or other information available from the Website
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Shall not be false, inaccurate or misleading;
Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
Shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (ISPs) or other suppliers.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this Platform may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. The Company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of the Company violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise,
The Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Company, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Platform; that, as at the date that the content or material is submitted to the Company: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Company’s policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify the Company and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
You shall not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the platform. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the platform, or any other systems or networks connected to the platform or to any server, computer, network, or to any of the services offered on or through the platform, by hacking, password mining or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the platform or any network connected to the platform nor breach the security or authentication measures on the platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to platform, or any other customer, including any account on the platform not owned by you, to its source, or exploit the platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or sellers on platform or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the platform or the Company’s systems or networks, or any systems or networks connected to the Company.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the platform or any transaction being conducted on the platform, or with any other person’s use of the platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the platform or any service offered on or through the platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies, GST) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the platform.
It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
DISCLAIMER OF WARRANTIES AND LIABILITY
This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on as is and as available basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that
This platform will be constantly available, or available at all; or
The Company will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Platform. The Company does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the platform; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the products sold on Platform are governed by different state laws and if seller is unable to deliver such products due to implications of different state laws, seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to you.
You will be required to enter a valid phone number while registering and placing an order on the Platform. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order updates. We will not use your personal information to initiate any promotional phone calls or SMS.
CONTENTS POSTED ON SITE
COPYRIGHT, AUTHOR’S RIGHTS AND DATABASE RIGHTS
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company, its affiliates or its content suppliers and is protected by India and international copyright, authors’; rights and database right laws. The compilation of all content on this website is the exclusive property of the Company and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of the Company, its affiliates or its software suppliers and is protected by India and international copyright and authors’ rights laws.
You may not systematically extract/ or re-utilize parts of the contents of the website without the Company and / or its affiliates’ (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without the Company and / or its affiliates’ (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (e.g.: prices and product listings) parts of this website without the Company’s and / or its affiliates’ (as may be applicable) express written consent
INTELLECTUAL PROPERTY CLAIMS
The Company and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our notice and procedure for making claims of right infringements.
Instant access health and other marks indicated on our website are trademarks or registered trademarks of the Company or its subsidiaries, in India and/or other jurisdictions. The Company’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Company. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
You acknowledge and undertake that you are accessing the services on the platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products nor hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the website.
Instant Access Health's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Instant Access Health has no responsibility and / or liability in respect of the content and transactions on the Website including any user content, Lab content or Health care Professionals content , information provided by Health care Professionals or Labs, interactions between Health care Professionals and Labs on the one hand and users on the other hand.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an user facing a medical emergency (either on your or a another person’s behalf), it is strictly advisable to contact an ambulance service or hospital directly. We shall not be held responsible for any such cases of medical emergency.
Instant Access Health IT shall not be responsible for any breach of service or service deficiency by any Health care Professional.
Parties other than the Company and its affiliates may operate stores, provide services, or sell product lines on the platform. For example, businesses and individuals offer products via marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. The Company does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
In no event, Instant access health or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this Agreement.
ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our website, policies, and these conditions of use at any time. You will be subject to the policies and conditions of use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
You agree to indemnify, save, and hold Instant access health, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the Instant access health Services or of the Instant access health Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein. Instant access health reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Instant access health, including rights to settle, and you agree to cooperate with Instant access health’s defense and settlement of these claims. Instant access health will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Jaipur and no other courts.
If any provision of this agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This agreement is the entire agreement between you and Instant access health relating to the subject matter hereof and this agreement will not be modified except by a change to this agreement made by Instant access health in accordance with the terms of this agreement.
Upon termination of this agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration
This website is operated by the Instant Access Health IT Pvt. Ltd. Company. For the platform, you could contact us by visiting at www.instantaccesshealth.com
Notice and procedure for making claims of right infringements:
If you believe that your rights are being infringed, you may fill out and submit the notice form. We respond expeditiously to rights owners and their agents who complete and submit the notice form to communicate concerns about any alleged infringement.
Upon receipt of a notice form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a notice form, you grant to the Company the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Company for all claims brought by a third party against the Company arising out of or in connection with the submission of a Notice Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on the Platform and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.
Giving false, misleading or inaccurate information in the Notice Form to the Company may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
If you believe that your rights are being violated by an item or information on the Platform, you may fill out and submit the Notice Form (below).
This signed form can be sent via E-mail PDF or Fax to the Grievance Officer at: [email protected]